07.04.2022

Legal alert: New Law on protection of personal data in Mongolia

The Parliament of Mongolia (State Great Khural) passed a new Law on Protection of Personal Data on December 17, 2021. The law will become effective from May 1, 2022. The Law on Personal Secrets which was adopted in 1995 provides very general provisions that individuals were to determine and protect their secrets themselves. Compared to this law, the new law is featured that it provides more comprehensive regulation on the Protection of Personal data.

An overview of highlighted new regulations of the Law on Protection of Personal Data is outlined in this legal alert.

New regulations in the Law on Protection of Personal Data

Definitions:

 

-      “Biometric information” means non-overlapping physical data related to the human body such as fingerprints, iris, face, voice and physical characteristics that can be identified with the help of equipment, hardware, and software;

-      “Genetic information” means unique information indicating a person’s physical condition, health and hereditary characteristics which result from an analysis of a biological sample;

-      “Correspondence information” means letters, parcels, e-mails, and information exchanged via communication and information technology;

-      “Property information” means information on the property owned, possessed and used by the data subject;

-      “Sensitive information” means a person's race, ethnic origin, religion, beliefs, health, correspondence, genetic and biometric information, digital signature private key, information on whether serving or served any sentence, sexual and gender orientation, expression, information about sexual intercourse;

-      “Health information” means information related to the physical or mental health, as well as information on whether received health care services.

-      “Data subject” means a person identified by the above-mentioned information;

-      “Data controller” means a person, legal entity or non-legal entity that collects, processes and uses information in accordance with the law or with the consent of the data subject of the information.

-      “Online identifier” means login name to access any information system, email address, social media account, wired and wireless technology addresses, and information on other types of equipment and information system.

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For more information or any queries, please feel free to contact Bolormaa.V, Partner by bvolodya@gratanet.com or +976 70155031.

This legal information was prepared by Umguulliin GRATA International Mongolia LLP, the Mongolian office of GRATA International, an international law firm that has its branches in 20 countries around the world. The material contained in this article is provided for general information purposes only and does not contain a comprehensive analysis of each item described. Prior to undertaking (or not undertaking) any action, readers should seek professional advice specific to their situation. No liability is accepted for acts or omissions taken in reliance upon the contents of this article.

Source:

https://legalinfo.mn/mn/detail?lawId=16390288615991 – “Law on Protection of Personal data” /2021/

https://legalinfo.mn/mn/detail/12695 - “Law on Infringement” /2017/

https://legalinfo.mn/mn/detail/11634 - “Criminal Code” /2015/

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